Family of woman denied MAID at B.C. hospital files Charter challenge
CTV
The family of a young woman who was denied Medical Assistance in Dying at St. Paul's Hospital last year is taking the hospital's operators – including the provincial government – to court.
The family of a young woman who was denied Medical Assistance in Dying at St. Paul's Hospital last year is taking the hospital's operators – including the provincial government – to court.
Lawyers for Gaye O'Neill – the mother of Sam O'Neill and administrator of her estate – filed a notice of civil claim in B.C. Supreme Court Monday.
The lawsuit names the provincial health minister, Vancouver Coastal Health and Providence Health Care Society as defendants, arguing that their policies regarding MAID violate Sections 2 and 7 of the Canadian Charter of Rights and Freedoms.
Joining Gaye as plaintiffs are Dr. Jyothi Jayaraman and the advocacy group Dying with Dignity Canada.
Sam was diagnosed with Stage 4 cervical cancer in 2022. She was treated at St. Paul's because of its proximity to her home, according to the lawsuit, which says she had no choice about where she would be treated.
The cancer spread to Sam's lymph nodes and pelvic bone, leaving the 34-year-old in excruciating pain. By early 2023, it was clear treatment would not save her life, and she sought MAID.
After entering palliative care at St. Paul's, Sam learned she couldn't receive MAID there because the facility is run by Providence Health Care, a Catholic organization that opposes MAID.
